Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698945441592.pdf (Uganda)
PARLIAMENT OF UGANDA REPORT OF THE SECTORAL COMMITTEE ON LEGAL AND PARLIAMENTARY AFFAIRS ON THE ANTI- HOMOSEXUALITY BILL, 2009 OFFICE OF THE CLERK TO PARLIAMENT PARLIAMENT BUILDINGS KAMPALA - UGANDA November 2012 1.0 Introduction The Anti – homosexuality Bill, 2009 was read for the first time on 14th October 2009 and it was referred to the Committee of Legal and Parliamentary Affairs in accordance with Rules 117 and 118 of the Rules of Procedure of Parliament.
In analysing the Bill, the committee was guided by Rule 118 of the Rules of Procedure of Parliament.

The Bill was re-introduced in the 9th Parliament by way of a Resolution of Parliament on 31st October, 2011.

2.0 Methodology In the process of analysing the Bill, the Committee discussed the Bill and received memoranda from the following stakeholders: 1.

Ministry of Justice and Constitutional Affairs 2.

Uganda Law Reform Commission 3.

Uganda Human Rights Commission 5.

Uganda Prison Service 6.


Civil Society Coalition on Human Rights and Constitutional Law 7.
National Association of Social Workers of Uganda 3.0 Objective of the Bill The object of the Bill is to establish a comprehensive consolidated legislation to protect the traditional family by prohibiting (i) any form of sexual relations between persons of the same sex; and (ii) the promotion or recognition of such sexual relations in public institutions and other places through or with the support of any Government entity in Uganda or any non governmental organization inside or outside the country.
The Bill aims at strengthening the nation‟s capacity to deal with emerging internal and external threats to the traditional heterosexual family.

2 The Bill further aims at providing a comprehensive and enhanced legislation to protect the cherished culture of the people of Uganda, legal, religious and traditional family values of the people of Uganda against the attempts of sexual rights activists seeking to impose their values of sexual promiscuity on the people of Uganda.
There is also need to protect the Children and youths of Uganda who are made vulnerable to sexual abuse and deviations as a result of cultural changes, uncensored information technologies, parentless child development settings and increasing attempts by homosexuals to raise children in homosexual relationships through adoption, foster care, or otherwise.

4.0 Observations and Recommendations.


The Committee observed that: (i) the Bill provides for a death penalty to a person who commits aggravated homosexuality.

The death sentence if executed does not make the offender feel the punishment for his actions.

(ii) The bill provides for attempt to commit homosexuality and aggravated homosexuality.

However, it will be difficult to prove that a person attempted to commit the offences.
(iii) Any person who gets knowledge about a homosexual activity taking place has to report within twenty four hours.

This will cause problems especially to professionals whose ethics include confidentiality in order to be able to carry out their functions like Doctors, Lawyers and Counselors.

3 (iv) The Bill intends to extend its jurisdiction over Ugandans who violate its provisions while outside the country.

This will be difficult to implement because of the State‟s limited capacity.
(v) The bill provides for nullification of inconsistent treaties, protocols, declarations and conventions.

This is against the provisions of article 287 of the Constitution which obliges Uganda to fully subscribe to all its international treaties obligations ratified prior to the passing of the 1995 Constitution.

5.0 Recommendations The Committee recommends that the Bill be passed into law subject to the proposed amendments.
4 PROPOSED AMENDMENTS BY THE COMMITTEE ON LEGAL AND PARLIAMENTARY AFFAIRS TO THE ANTI-HOMOSEXUALITY BILL, 2009 1.

Clause 1 Interpretation a) Clause 1 is amended by deleting the following words (a) Bisexual (b) Gay (c) Gender (d) Lesbian Justification - The words have not been used in the bill.

b) Define the word „court‟ Court means the chief magistrate‟s court.

Justification - To provide for the jurisdiction.

2.
2.

Clause 2 The offence of Homosexuality a) Delete clause 2(1)(c) Justification - The ingredients of the offence would be difficult to prove.

b) Clause 2(2) is amended by replacing the word „life‟ in the second line of the provision with „fourteen years‟ Justification - The sentence is more appropriate to the offence.

3.

Clause 3 Aggravated homosexuality Clause 3 (2) is amended by substituting for the words “...suffer death‟‟ with words “...imprisonment for life”.
Justification 5 - To harmonise the provision with the penalty under the Penal Code Act on aggravated defilement.

4.

Clause 4 Attempts to commit homosexuality Clause 4 is deleted.

Justification - Attempt to commit homosexuality may become too hard and difficult to prove which may cause absurdities.

5.

Clause 5- Protection, assistance and payment of compensation to victims of homosexuality.

a. Redraft the head note as follows: Payment of compensation to a victim of homosexuality.
b. Delete sub clauses (1) and (2).

Justification - The sub-clauses are redundant.

6.

Clause 6 Confidentiality a) Clause 6(2) delete the words „...outside the presence of the media‟ at the end of the provision.

Justification - The words are redundant.

Proceedings in camera exclude the media.

b) Clause 6(3) insert the words „....... the victim or..‟ between the word „of‟ in the sixth line of the provision and the word „ court‟ in the seventh line.

Justification 6 - To protect the victim.

7.


Clause 7 Aiding and abating homosexuality.

Clause 7 is deleted.

Justification - It is provided for under Clause 13.

8.

Clause 8 Conspiracy to engage in homosexuality Clause 8 is deleted.

Justification - It is provided for under Clause 13.

9.

Clause 9 Procuring homosexuality by threats, etc.

a) Clause 9 is amended by deleting the words „etc‟ in the head note Justification - It makes the head note appear vague.
b) Deleting the words “...either in Uganda or elsewhere; or” appearing at the end of the sub-clauses (1) (a) and (b).

Justification The words are redundant.

c) Adding at the end of sub-clause (1) (a) and (b) the words “...commits an offence and is liable on conviction to imprisonment of seven years.

Justification - To perfect the provision by creating an offence and penalty.

7 10.

Clause 10 detention with intent to commit homosexuality.
Delete clause 10 Justification - Proving intention to commit acts of homosexuality would result into absurdity.

11.
Clause 12 Same sex marriage a) Clause 12 is amended by replacing the words „......life‟ in the third line of the provision with „14 years‟ Justification - To harmonise the provision with clause 2 of the bill b) Clause 12 is amended by inserting a new sub-clause (2) as follows- “(2) A person or institution commits an offence if that person or institution conducts a marriage ceremony between persons of the same sex and shall on conviction be liable to imprisonment to a maximum of seven years for individuals or cancellation of licence for an institution”.
Justification - To prohibit celebration of same sex marriages.

12.

Clause 14 Failure to disclose the offence Clause 14 is deleted.

Justification - The offence will create absurdities and the provision will be too hard to implement.

13.

Clause 15- Jurisdiction Clause 15 is deleted 8 Justification Consequential amendment.

The committee proposes to define „Court‟ in the interpretation clause.

Defining it in the main body would be a repetition 14.
Clause 16 Extra- Territorial Jurisdiction Clause 16 is deleted.

Justification - The practical enforcement of the provision will be difficult.

15.

Clause 17 Extradition.

Clause 17 is deleted.

Justification - The practical enforcement and implementation of the provision will be difficult.

16.

Clause 18 Nullification of inconsistent international treaties, protocols, declarations and conventions Clause 18 is deleted.

Justification - It is not necessary to put such a provision in the bill.

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